FOOD & WINE HOME COOK SUPERSTAR SEARCH CONTEST

Eligibility:

The “Food & Wine Home Cook Superstar Search” (“Contest”) is open to legal residents of the 50 United States or the District of Columbia who are registered members of the foodandwine.com community, age 18 or older at time of entry. Employees of American Express Publishing Corporation (the “Sponsor”), and its parent company, subsidiaries, affiliates, advertising and promotion agencies, franchises, retailers, distributors (collectively, “Contest Entities”), and their immediate family members and/or those living in the same household of each, and those employed full-time as a professional restaurant chef are not eligible to enter or win. Contest governed by U.S. law. Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. Sponsor: American Express Publishing Corporation, 1120 Avenue of the Americas, New York, NY 10036.

How to Enter the Contest:

Visit www.foodandwine.com and either logon to your account or create an account and click onto the Contest logo or go to www.foodandwine.com/superstar. Follow all instructions to complete the official entry form, answer three (3) multiple choice questions, and write five (5) original short essays of fifty (50) words or less each addressing the following topics: (1) your Food Heroes; (2) the most ambitious dish you have prepared;( 3) your perfect entertaining menu; (4) what would you cook for unexpected, last-minute guests; and (5) what kitchen item you think is indispensable and why (collectively “Entry(ies)”). All Entries must be received between 12:01 AM Eastern Time ("ET") on August 1, 2009 and 11:59 PM ET on December 1, 2009 (the "Contest Entry Period"). The contact information (i.e., name, address, telephone number(s), email address, etc.) provided by each entrant during the Contest’s entry process shall serve as the contact information of record in respect of all communications with each entrant. Entry materials that have been tampered with or altered are void. Limit: One (1) Entry per person. Entries with duplicate email addresses or multiple Entries using different email addresses for a single individual will be disqualified. In the event of a dispute over the identity of an entrant, Entry will be disqualified. Sponsor is not responsible for lost, late, damaged or misdirected Entries. All Entries and materials submitted become the property of the Sponsor and will not be returned or acknowledged.

Requirements for Entry:

Entrant represents and warrants: (i) all elements of the Essays are original and do not incorporate materials not owned or created by entrant, are not copied from any other work and do not infringe upon the rights of any third party; (ii) use by the Sponsor of the Essays as granted herein will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, (iii) the Essays are not defamatory, trade libelous, pornographic or obscene and otherwise comply with the Community Guidelines found at www.foodandwine.com/community/termsofuse.cfm. The Essays may not depict or describe any companies' or product names, brands, trademarks or logos and must be in the English language (with the exception of single words or short terms from other languages which are permissible as long as their meaning is evident in the sole discretion of the Sponsor).

Ownership/Use of Entries:

Entrants retain ownership of the Essays they submit, however, by entering entrants waive all moral rights in the Essays and grant Contest Entities the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, and otherwise use, and permit others to use and publish throughout the world the Essays in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Contest Entities and Contest Entities' goods and/or services, all without further consent from or payment to entrant or any other third party. Sponsor reserves the right to post the Essays on the Sponsor’s Website but Sponsor has no obligation to post or publish any Essay and any such publication or postings will be in Sponsor’s sole discretion. In addition, by submitting a Essay, Entrants acknowledge that, by acceptance of an Entry, Contest Entities do not waive any rights to use similar or related ideas that might be contained in a Essay which was previously known to Sponsor, or developed by their respective employees, or obtained from sources other than Entrant, or rights to use similar or related ideas without any restriction whatsoever, or further obligation to Entrants or any third party and Entrant waives any and all claims Entrant may have had, may have, and/or may have in the future, that any essay and/or other entries accepted, reviewed and/or used by the Sponsor (or its respective designees) may be similar to his/her Entry. Entrant acknowledges and agrees that the Sponsor does not have now, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to Entrant's Entry. In the event of any dispute or potential dispute regarding the Entry or Entrant or any third party, the Entry may be disqualified in Sponsor’s sole discretion. The Sponsor may publish an Entry or a portion of the Entry submitted by entrants. If an Entry or a portion of your Entry is selected for publication, it does not imply that it is a winning Entry in this Contest nor does it create a confidential relationship between entrant and the Sponsor or any of its respective affiliates or subsidiaries. Entering this Contest constitutes permission (except where prohibited by law) to use an entrant’s name, hometown, likeness and photograph (all at Sponsor’s discretion) for future advertising, publicity in any and all media (including online posting) now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission.

Judging:

This Contest consists of two rounds of judging.

Round 1:

Judging will be conducted by a panel of qualified judges consisting of personnel from Food & Wine magazine who are experts in the field of home cooking and entertaining. Judges’ decisions are final and binding. All eligible Entries will be judged based on the judging criteria in these Official Rules. The 50 top scoring Round 1 Entries will advance to Round 2 as Finalist Entries (“Finalist”). Sponsor reserves the right to advance fewer then 50 entries to Round 2 if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.

Round 2:

All Finalist Entries will be re-judged by a panel of qualified judges consisting of personnel from Food & Wine magazine who are experts in the field of home cooking and entertaining based on the judging criteria in these Official Rules to determine the winning Entry. The Entry with the highest score at the end of the Round 2, as determined by the judges in their sole discretion, will be declared the winner of the Contest (“Winner”).

Judging Criteria:

All Entries will be judged in the following criterion: (i) originality (25%), (ii) how clearly the entrant conveys the topics in line with the Food & Wine point of view (45%), (iii) How often the entrant entertains and how many times a week entrant cooks (5%); (iv) entrant’s active participation with the foodandwine.com community as determined by Sponsor (e.g. endorsements, uploading of content, bookmarking and commenting on recipes, etc.) (10%); and (v) suitability for trade and advertising purposes (15%).

Ties:

In the event of a tie, the finalist(s) Entry(ies) or winning Entry will be determined based on the highest score for how clearly the entrant conveys the topics in line with the Food & Wine point of view. In the event of a further tie, the winning Entry will be determined based on the highest score for suitability for trade and advertising purposes.

Prize:

One (1) Winner will receive a trip for winner and one (1) guest to the Cayman Cookout hosted by Chef Eric Ripert in the Cayman Islands (“Prize”). Trip is tentatively scheduled for January 15-18, 2010, but is subject to change at the sole discretion of Sponsor. Prize consists of: roundtrip coach air transportation for Winner and one (1) travel companion from and to a major commercial airport in the United States, near the winner’s primary residence, as determined by Sponsor; three (3)-nights hotel accommodations (one double occupancy room and room tax only) at the Ritz-Carlton Grand Cayman; two (2) tickets to the Cayman Cookout (“Event”) and an editorial feature in Food & Wine Magazine. Approximate retail value (“ARV”) of Prize is $4,800 depending on location of Winner and airfare at time of booking. If actual value of Prize is lower than the stated ARV when Prize is procured and fulfilled, then the difference will not be awarded. All other expenses not specifically mentioned herein, including but not limited to, transportation to/from airport/hotel, meals, additional hotel amenities or fees and gratuities, are the responsibility of Winner and travel companion. Winner and travel companion must travel on same itinerary including same departure and return dates as specified by the Sponsor. If Winner cannot travel on scheduled travel dates, then the prize will be forfeited and awarded to an alternate if there is sufficient time to notify an alternate Winner. If this is case, the entrant with the next highest scoring Entry will be determined the alternate Winner. If Winner cannot travel after all travel arrangements are made and paid, then the Sponsor shall have no further obligation to the Winner and/or travel companion. Winner’s travel companion must be at least 21 years of age and will be required to sign a Liability/Publicity Release (where permissible) prior to ticketing. Winner and travel companion are solely responsible for obtaining the proper travel documentation (e.g., valid passports) prior to travel. Winner and travel companion must comply with any security procedures or measures imposed at the Event and/or by its representatives. Sponsor and/or the organizer of the Event reserves the right in their sole discretion to suspend or cancel the Winner’s and/or travel companion’s attendance at Event due to non-compliance with any security procedure or inappropriate behavior or misconduct. Accommodations are subject to availability. Advance booking, certain blackout dates and restrictions may apply. Arrangements for the fulfillment of the Prize will be made by Sponsor. In the eventuality the Event is cancelled or postponed, Sponsor shall have no obligation to the Winner but to award the remainder of the Prize minus the Event portion.

Winner Notification:

Winner will be notified by phone, e-mail and/or mail on or about December 14, 2009 and will be required to complete, sign and return an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, “Release”) within seven (7) days of date specified on notification. If Winner does not respond to the Winner notification by any of the preceding methods (if Winner is notified via email, an email will be sent three (3) times over a seven (7) day period), or if a potential Winner does not return the executed Release within seven (7) days, or if said e-mail and/or mail is returned as undeliverable, or if Winner is otherwise found to be ineligible, or if the selected Winner cannot accept or receive the Prize for any reason, the Winner will forfeit the Prize and the entrant with the next highest scoring Entry will be determine the alternate Winner. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate Winner, if any. The Prize is non-transferable and no substitution by Winner or cash equivalent is allowed. Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. All fees, federal, state, local and income taxes or other expenses relating to the use, acceptance and possession of Prize are the sole responsibility of the Winner. An IRS Form 1099 will be filed in the name of the Winner for the actual value of the Prize. Acceptance of Prize constitutes permission (except where prohibited by law) to use Winner's name, prize won, hometown and likeness for online posting and promotional purposes without further compensation.

General:

Entrants agree to these Official Rules and the decisions of the judges and the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Contest Entities, as well as the employees, officers, directors and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of prize, including any travel related activities. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, hurricane, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within Sponsor’s control or concerns regarding the safety of any Winner or travel companion, Sponsor shall have the right to modify, suspend, extend or terminate the Contest. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Contest or use or redemption of prize. This Contest shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Contest shall be resolved, upon the election by entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of prize. Entry materials/data that have been tampered with or altered, or mass Entries or Entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, damaged, or illegible Entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Contest, or (iv) the failure of any third party to comply with the instructions and proper administration of this Contest. By participating in the Contest, entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and Judges, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to: permanently disqualify from any contest it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), or to determine Winner from among all eligible Entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Winner’s Name:

For the name of the Winner (available after January 15, 2010) send a stamped, self-addressed envelope (postage not required for Vermont residents) by March 15, 2010 to: F&W Home Cook Superstar Search Contest Winner, American Express Publishing Corporation, 1120 Ave of the Americas, 16th Floor, New York, NY 10036.

Privacy:

By entering this Contest, the information entrants provide may be shared with promotional partners identified in this promotion as well as other select business partners to provide entrants with offers that may be of interest. To learn more about the ways Sponsor may use and share your information and about your privacy choices, read the AEP Privacy Statement at www.amexpub.com/privacy.